November 3, 2025
U.S. Department of Transportation
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590
Honorable Sean Duffy:
Re: AACC–PA–NJ–DE Response to DOT’s DBE/ACDBE Interim Final Rule
The African American Chamber of Commerce of Pennsylvania, New Jersey, and Delaware (AACC) appreciate the opportunity to comment on the U.S. Department of Transportation (DOT) Interim Final Rule (IFR) for the Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs. Representing thousands of certified and aspiring DBE and ACDBE businesses across the Commonwealth of Pennsylvania and the Greater Philadelphia Tri-State region, the Chamber recognizes the Department’s need to respond to judicial rulings regarding racebased presumptions. However, we are deeply concerned that IFR’s immediate implementation will unintentionally harm the very businesses it aims to protect. The IFR eliminates longstanding race and gender presumptions and mandates individualized determinations of social and economic disadvantage for all current DBE/ACDBE firms—requiring full recertification nationwide without a clear transition period or additional UCP resources. The likely result will be overwhelming administrative backlogs, procurement uncertainty, and loss of revenue for certified firms. DBE and ACDBE firms risk losing contracts and employees as agencies and prime contractors hesitate to make awards until certifications are reaffirmed. UCPs, already under-resourced, face an unsustainable workload without federal support.
Recommendations
AACC strongly recommends DOT:
1. Implement a phased recertification schedule and honor current certifications for at least 12 months.
2. Issue national narrative templates and objective thresholds for consistency.
3. Provide emergency federal funding for technical assistance and UCP staffing.
4. Waive duplicative interstate reapplication requirements during the transition; and
5. Preserve prompt payment and anti-termination protections for DBEs under review.
These measures will protect the operational continuity, job retention, and economic impact of DBE firms that contribute significantly to the tax base and innovation ecosystems of Pennsylvania, New Jersey, and Delaware.
Without these modifications, the IFR risks slowing regional economic growth, reducing competition, and undermining public confidence in government contracting. The Chamber urges DOT to integrate these solutions into the Final Rule to preserve small-business growth, economic mobility, and equity in transportation contracting nationwide.
Respectfully submitted,
The African American Chamber of Commerce of PA, NJ, & DE
